OMG Need advice on this MY bk showing up on husband's credit report??

[lalap123]

I posted a message last week about the fact that my husband got a letter from his mortgage lender acknowledging that a bankruptcy had been filed and giving basic instructions as to how to continue to pay the loan. The strange thing was that I am on the title but the mortgage loan is only in my husband's name, he is not filing bankruptcy with me, and I was told that the mortgage company wouldn't even have to know about it.

My attorney called me today and said that she was copied on the same letter and called the mortgage company to find out why it was even sent out, and they told her that it would actually be reported on my husband's file that co-borrower was in a pending chapter 7 case, and that when (if) the trustee abandons the house and closes the case then it will be removed from his credit report.

Has anyone ever heard of this? My attorney said she'd never worked with the company that our home loan is with and that she'd never experienced this.

What should I do? Should we wait until the case is closed to fight it out with the mortgage company if they don't remove it?

And in the meantime, what is this doing to my husband's credit (hypothetically my case could take months to close, right?)

Like I need more stress...

[mtbc]

But ... you're not a co-borrower, right? Sounds like you might need to talk to them some more, they may be misapprehending something.

A no-asset chapter 7 case is often done inside four months or so. Asset cases will last at least until assets are liquidated and the proceeds distributed to creditors.

[lalap123]

You're right, I'm NOT a co-borrower. I was on the loan when we first bought the house six years ago, but about two years ago we re-financed only under my husband's name. I wonder if they are looking at the original loan? If so, is this still acceptable for them to do?

[mtbc]

It wouldn't be at all surprising if their papers were in a mess. My primary lender gave a good impression of having lost my file altogether. Of course, another avenue of approach is to have your husband dispute this on his credit report, giving exactly the explanation that there is no co-borrower on the loan and he's not in bankruptcy.